State water board seeks new powers to fine

Monday

Jul 7, 2014 at 9:05 AM

By Amanda Hinds Doyle@SDNHindsDoyle

SACRAMENTO – Tuesday’s state water board meeting brought about concerns over the future curtailment of senior water rights in regards to the new proposed emergency drought regulations. Discussion about possible curtailments stemmed from a lack of response from initial orders.Diane Riddle, environmental programs manager for the water board, said that curtailment orders were sent out May 16 that required some form of response. “Of the roughly 95,000 curtailment notices that were issued ... there was a 30 percent response rate,” said Riddle. “However due to the health and safety exceptions and other exception requested, it only results in about a reduction in water use of about 7 percent.” Charts from the meeting showed that of the 212 rights that received curtailment notices from the Scott River Watershed, only 53 forms were returned. Riddle explained that under the current curtailment process, orders are sent out that are not enforceable, and noncompliance generally results in investigations, which lead to cease and desist orders and a lengthy hearing process. Riddle said that for junior water rights holders, curtailed diverters are likely to continue diverting due to low penalties and the lengthy process to impose the current fines.But that’s about to change.As opposed to the existing state water board authority that requires case by case investigations, a new draft order would make a violation of the emergency regulation immediately enforceable, meaning the hearing process would be dropped. Fines of up to $500 each day could be assessed, said Riddle. This penalty is in addition to current fines for unlawful diversion – in excess of $1,000 a day – that and is expected to yield a much greater compliance, according to Riddle. Issues brought to the stand by speakers included concerns that senior water rights holders will be curtailed. One slide during the presentation contained projected dates for senior water rights curtailments in the California delta. Water rights holders also voiced their concerns about the new broad powers the state water board now holds. Specifically, people were concerned about the lack of an appeals process.State Water Board Chair Felicia Marcus brought about concerns with the possible curtailment of the pre-1914 and riparian rights. “If we are going to consider the pre and other, I think we need to figure out how to color the water and give people a clearer sense of why we would be going beyond and where,” said Marcus. Walnut farmer and riparian right holder Brett Warner agreed saying, “This is theft of senior water rights, not the other way around.”San Joaquin Farm Bureau Federation Program Director Juliann Phillips said that the possibility of curtailment of pre-14 and riparian rights is simply a shortcoming of the board, in regard to the mere 30 percent of the post-14 that responded to the curtailment notices.Other speakers requested a health and and safety exemption be added into the emergency resolution. Berry Hill of the USDA Forest Service Pacific Southwest Region stated the two purposes are for firefighting purposes and for recreational residents on national forest lands. “As of yesterday we had a total of 245 post-14 appropriate rights that received curtailments, that are relied upon for firefighting,” said Hill. With the many areas and issues addressed at the meeting, no action was taken. The board urged for more transparency in the regulation for review.“I think it bares spending time to be as clear as possible,” said Marcus.